BJ'S & SONS CONSTRUCTION CO INC V TWO SHOE BOXES INC

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STATE OF MICHIGAN COURT OF APPEALS BJ'S & SONS CONSTRUCTION COMPANY, INC., FOR PUBLICATION May 10, 2005 9:20 a.m. Plaintiff/Counter-DefendantAppellant, v No. 250815 Oakland Circuit Court LC No. 2000-023864-CH GEORGE VANSICKLE and LINDA VANSICKLE, Defendants/CounterPlaintiffs/Cross-DefendantsAppellees, and TWO SHOE BOXES, INC., Defendant/Cross-Plaintiff-Appellee, and ROBERT J. HARVEY and STEPHEN E. SHEFMAN, Appellants. BJ'S & SONS CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v No. 250816 Oakland Circuit Court LC No. 2000-027305-CH TWO SHOE BOXES, INC., Defendant-Appellee, Official Reported Version -1- and ROBERT J. HARVEY and STEPHEN E. SHEFMAN, Appellants. Before: Kelly, P. J., and Saad and Smolenski, JJ. KELLY, P.J. (concurring in part and dissenting in part.) I concur only in the conclusion that the trial court properly imposed attorney fees and costs as sanctions in this case. I disagree, however, with retaining jurisdiction after remand as it is an unnecessary waste of appellate resources. The only issue remaining is the amount of appellate sanctions to be imposed. The trial court is perfectly capable of conducting an evidentiary hearing to determine this amount without our oversight, particularly given the care and attention it has previously given to this matter. /s/ Kirsten Frank Kelly -2-